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Social Security for Gig Workers

    Home nyaayadaily Social Security for Gig Workers
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    Social Security for Gig Workers

    By amrita | | 0 comment | 17 December, 2021 | 0

    Guest post – Pallavi Mohan

    Why is this topic relevant now?

    Recently, a writ petition was filed before the Supreme Court by the Indian Federation of App Based Transport Workers (IFAT) along with two persons employed as drivers by the app-based aggregator Ola. It contended that all workers employed by app-based aggregators (Gig Workers) were eligible for social security benefits conferred on “workmen”, and that denial of such social security benefits violated their fundamental rights.

    On 13th December 2021, the Supreme Court agreed to hear the case and asked various Central ministries and aggregators such as Ola, Uber, Swiggy and Zomato to respond to arguments raised in the writ petition.

    What are social security benefits?

    Social security benefits refers to welfare schemes for life and disability cover, health and maternity benefits, old age protection, housing, provident funds, educational schemes, skill up-gradation, old age homes, etc. The Unorganised Workers’ Social Welfare Security Act, 2008 empowers the Central and State governments to formulate welfare schemes for different sections of unorganised sector workers.

    What is the legal foundation for the claim made in the writ petition?

    The main argument in the writ petition is that Gig Workers employed by app-based aggregators (like the writ petitioners) should be considered “unorganised workers” as defined under Section 2 (m)  of the Unorganised Workers’ Social Welfare Security Act, 2008. If they are included in the category of “unorganised workers”, then they are entitled to all Government welfare schemes initiated under this Act. Currently, aggregators such as Ola and Uber enter contractual arrangements or ‘partnership agreements’ with them. They claim that this, keeps them out of the ambit of the Unorganised Workers’ Social Welfare Security Act, even though the aggregators fully control all aspects of the employment of Gig Workers. They contend that this shows that there is an employer-employee relationship between them and so they should be included in the category of “unorganised workers”.

    The Government’s failure to include Gig Workers in the category of “unorganised worker” disadvantages them and treats them differently from similarly situated workers. This violates their fundamental right to equality (Article 14). Also, aggregators are not obliged to provide fair and decent work conditions to Gig Workers, who often have to work for long hours at low wages.  This violates the fundamental rights of Gig Workers secured by Articles 21 (right to life, liberty and livelihood) and 23 (prohibition against traffic and forced labour) of the Constitution.

    Does any other law confer social security benefits to ‘Gig workers’ in India?

    On 28th September, 2020, the Code of Social Security, 2020 was enacted. The Code consolidates laws relating to social security. It extends social security to all employees and workers, either in the organized or unorganized sector. It specifically includes “Gig Workers” [Section 2 (35)] and “Platform Workers” [Section 2 (61)], either of which categories can include the workers employed by app-based aggregators.

    In terms of Section 2 (78) of the Code, “social security” means the ‘measures of protection afforded to employees, unorganized workers, gig workers and platform workers to ensure access to health care and to provide income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner’.

    However, though this Code has been notified, it has not  been made enforceable yet. Until then, the Unorganised Workers’ Social Welfare Security Act, 2008 is the only statute on which “Gig Workers”, including the members of IFAT, can rely to ensure their social security benefits.

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    Girl Child Protection Scheme

    The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

    • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
    • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
    • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

    More information on this scheme can be found here.

    Bangaru Thalli Scheme

    Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

    Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

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    Manjoni Scheme

    Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

    More information on this scheme can be found here.

    Bihar

    Mukhyamantri Kanya Suraksha Yojana

    Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

    • At birth: Rs 2000
    • Age 1 upon issuance of Aadhar card: Rs. 1000
    • Age 2: Rs. 2000
    • Passing 12th grade: Rs. 10,000
    • Graduation: Rs. 25,000

    These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

    Goa

    MAMTA scheme for girl child

    With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

    There is an online application for this scheme. More information on this scheme can be found here.

    Gujarat

    Kunwarbai Nu Mameru Yojana

    The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

    More information on this scheme can be found here.

    Haryana

    Laldi Scheme

    The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

    The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

    More information on this scheme can be found here.

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    Indira Gandhi Balika Suraksha Yojana

    Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

    The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

    Beti Hai Anmol Yojana

    Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

    More information on this scheme can be found here.

    Jammu and Kashmir

    Ladli Beti Scheme

    Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

    More information on this scheme can be found here.

    Jharkhand

    Ladli Lakshmi Yojana

    Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

    Karnataka

    Karnataka Bhagyashree Scheme

    With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

    The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

    • The girl child gets a health insurance cover of upto Rs. 25,000 per month
    • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
    • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
    • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

    Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

    Kerala

    Education Assistance to Women Headed Families

    The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

    More information on this scheme can be found here.

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